South Dakota § 3-17-9 Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated.

South Dakota Statutes

§ 3-17-9 — Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated.

South Dakota § 3-17-9

Title 3PUBLIC OFFICERS AND EMPLOYEES

Ch. 3-16REMOVAL FROM OFFICE

This text of South Dakota § 3-17-9 (Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 3-17-9 (2026).

Text

The judgment thereof, if against the defendant, shall be that of immediate ouster from his office, and declaring his office to be vacant. If the judgment in such proceeding be that of ouster, and the defendant fails or refuses to surrender his office, the circuit court shall issue all needful writs or process, directed to the proper officer, for the execution of such judgment. If the ultimate determination of the issues in the proceeding be in favor of the accused, such suspension shall not work a forfeiture of his salary during the period of such suspension.

Free access — add to your briefcase to read the full text and ask questions with AI

The judgment thereof, if against the defendant, shall be that of immediate ouster from his office, and declaring his office to be vacant. If the judgment in such proceeding be that of ouster, and the defendant fails or refuses to surrender his office, the circuit court shall issue all needful writs or process, directed to the proper officer, for the execution of such judgment. If the ultimate determination of the issues in the proceeding be in favor of the accused, such suspension shall not work a forfeiture of his salary during the period of such suspension.

Legislative History

PolC 1877, ch 22, §§ 3, 5; SL 1881, ch 123, § 1; CL 1887, §§ 1387, 1389; RPolC 1903, §§ 1806, 1808; SL 1915, ch 268, § 1; RC 1919, §§ 7012, 7013; SDC 1939, §§ 48.0204, 48.0205.